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O.C.G.A. § 8-3-31.1 — "Public use" defined; eminent domain to be exercised solely for public use | Georgia Code
O.C.G.A. § 8-3-31.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 1 HOUSING AUTHORITIES

8-3-31.1. "Public use" defined; eminent domain to be exercised solely for public use.

  1. As used in this Code section, the term "public use" shall have the meaning specified in Code Section 22-1-1.
  2. Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must:
    1. Be for a public use; and
    2. Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-10.

(Code 1981, §8-3-31.1, enacted by Ga. L. 2006, p. 39, § 2/HB 1313.)

Cross references.

- Eminent domain, generally, see § 21-1-1 et seq.

Editor's notes.

- Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

Ga. L. 2006, p. 39, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"

Law reviews.

- For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d., Housing Laws and Urban Redevelopment, § 5.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.